Supreme Court of Georgia, 1928

City of Atlanta v. Conkle

City of Atlanta v. Conkle
Supreme Court of Georgia · Decided January 11, 1928 · Russell
165 Ga. 449; 141 S.E. 200; 1928 Ga. LEXIS 7

City of Atlanta v. Conkle

Opinion of the Court

Russell, C. J.

In applications for interlocutory injunctions, the judge of the superior court is a trior, and his discretion in adjudicating the weight and credibility of the testimony will not be interfered with unless there is a manifest abuse of discretion. In the instant ease the evidence was in conflict as to whether the line of pipe which had been laid by the city could be used as a sewer, in the absence of any water connection, the latter fact being admitted. Under these circumstances there was no abuse of discretion in granting a temporary injunction restraining the collection of the sewerage assessment until the sewer had been completed.

Judgment affirmed.

All the Justices concur, except Beck, P. J., and Atkinson, J., dissenting.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.